Warrant case procedure in summary trial must be followed; departure from CrPC stages vitiated the conviction.

An offence punishable with imprisonment up to three years was treated as a warrant case, so even in a summary trial the procedure for warrant cases had to be followed as far as may be under Section 262 of the Code of Criminal Procedure. The Magistrate instead proceeded as if it were a summons case, examining and cross-examining witnesses on the same date without the sequential stages of charge, proper opportunity for cross-examination after plea, and defence evidence. A trial conducted contrary to the prescribed Code procedure is illegal, the defect is not cured by Section 537, and the deviation caused prejudice to the accused. The conviction and sentence were set aside and the matter was remitted for fresh trial.

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Issues: Whether the trial was vitiated because a warrant case, tried summarily under the Essential Commodities Act, was conducted by following the procedure applicable to summons cases instead of the procedure prescribed for warrant cases.

Analysis: The offence was punishable with imprisonment up to three years and therefore fell within the category of a warrant case. In a summary trial of such an offence, the procedure applicable to warrant cases had to be followed as far as may be under Section 262 of the Code of Criminal Procedure. The Magistrate, however, examined and cross-examined all witnesses on the same date and did not follow the sequential stages required for warrant-case trial, including framing of charge and giving the accused the proper opportunity to cross-examine after pleading and to enter upon defence. A trial conducted in a manner different from that prescribed by the Code is illegal, and such defect is not cured by Section 537 of the Code of Criminal Procedure. The deviation also caused prejudice to the accused.

Conclusion: The trial was vitiated, the conviction and sentence were set aside, and the matter was remitted for a fresh trial in accordance with law.

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